Allowed

Nasir v. the State of Karnataka

Karnataka HC5 Feb 2021WP/2388/2021

Case brief

AI extract

What is this about?

This writ petition challenged an endorsement restricting compassionate ground applications under the Karnataka PDS Order. The High Court allowed the petition, quashing the endorsement and directing the respondent to consider the petitioner's request within eight weeks.

What did the court decide?

Petition allowed; endorsement dated 19.01.2021 quashed; petitioner's request considered within eight weeks.

Nasir Vs the State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF FEBRUARY, 2021

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BEFORE

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THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

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WRIT PETITION No.2388 OF 2021 (GM-PDS)

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BETWEEN :

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NASIR S/O LATE SHAFFI AGED ABOUT 35 YEARS RESIDING AT NO.3325/54 ANEGUNDI II CROSS MANDI MOHALLA MYSORE CITY-570 001 …PETITIONER

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(BY SHRI.H.C.SHIVARAMU, ADVOCATE)

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AND :

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENTOF FOOD AND CIVIL SUPPLIES VIKAS SOUDHA DR.AMBEDKAR VEEDHI BENGALURU-560 001

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THE DEPUTY COMMISSIONER (FOOD) DEPARTMENT OF FOOD AND CIVIL SUPPLIES MYSORE DISTRICT MYSORE

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THE JOINT DIRECTOR FOR FOOD AND CIVL SUPPLIES MYSORE DISTRICT

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MYSORE ... RESPONDENTS

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(BY SMT.RASHMI PATEL, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 19.01.2021 PASSED BY RESPONDENT NO.3 AT ANNEXURE-B TO THE WRIT PETITION AND ETC.,

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned HCGP accepts notice for respondents.

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Learned advocate for petitioner and learned HCGP jointly submit that while considering a case with regard to application for transfer of authorization under the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016, ('PDS Order' for short) on compassionate ground, this Court in Smt.Pushpa Vs. The Principal Secretary to Government of Karnataka & others¹ , has held that two conditions namely, that applicant ought to have passed SSLC and the restriction with regard to the age, as untenable.

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3. In view of the above, the following:

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ORDER

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i) Writ petition is allowed;

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1 W.P.No.17131/2018 decided on 08.02.2019

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ii) The endorsement dated 19.01.2021 issued by respondent No.3 vide Annexure-B is quashed ; and

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iii) Respondent No.3 shall consider petitioner's request made in Annexure-A1 in terms of order dated 08.02.2019 passed by this Court in W.P.No.17131/2018, within eight weeks from the date of receipt of a copy of this order.

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Learned HCGP is permitted to file memo of appearance in four weeks.

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No costs.

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Sd/JUDGE

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Nasir v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Nasir v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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